Last Updated on September 13, 2020

The Limited Liability Company (LLC) is a popular business entity choice structure for many businesses starting in Nevada The LLC provides personal liability protection and has the potential to save money on taxes. With a little research, you can learn how to form an LLC in Nevada without an attorney.

Unlike a sole proprietorship or partnership where the small business owner can be held personally liable for lawsuits against the business, the LLC is a separate legal structure, protecting for the business owner’s personal assets.

Related: How Does an LLC Protect You?

Besides the liability protection, the Limited Liability Company provides several other benefits over the sole proprietorship, partnership, and corporation because of the multiple tax options, ease of administration and management flexibility.

Forming an LLC in Nevada is something most people can do on their own, but it’s nice to have some support in case you have questions or get stuck.  IncFile and Inc Authority provide LLC formation guidance for only the cost of the state fees!

Related: Should you use a Formation Service, Hire an Attorney or Do it Yourself?

To form a Limited Liability Company in Nevada, file the Articles of Organization with the Nevada Secretary of State.  The LLC filing fee is $75 for the Articles of Organization plus $150 for the initial list of managers or managing members.

The LLC is approved instantly when filing online.

If you have questions, contact the Nevada Secretary of State at 775-684-5708

HOW TO FILE THE ARTICLES OF ORGANIZATION AND FORM A NEVADA LLC

Step 1: Get Started

Register for a SilverFlume account from the Secretary of State.

How to form an LLC in Nevada

  • Next select “Start Your Business (Online Wizard)

Start your LLC in Nevada

  • Choose “Start a for-profit Nevada business and then select “Domestic Limited Liability Company”.

You will be asked if the entity is claiming a 001-Government or 006-insurance exemption from the state business license.  Certain entities are exempt from obtaining a license such as a governmental entity or insurance company doing business pursuant to NRS 680B.020 that does not conduct any business that is not incidental to Title 57 (Div. of Ins. Authority).  Most filers are going to select “No” but check to see if your business falls under either of those categories.

Register a domestic liability company in Nevada

Last, you will click “Start” in the My Business Checklist to start on the Articles of Organization.

Nevada LLC My Business Checklist

Step 2: Name the LLC

Name – If you have previously reserved an LLC name with the Secretary of State, you can select the checkbox and include the business name information.  You do not have to reserve a name before forming the LLC.

Enter the name you want for the LLC.  The name of the LLC also has to differ from other entity names registered with the Secretary of State.  Check on available Nevada LLC names before filing to be sure the one you want is available.

Entity Suffix – Additionally, the name of the LLC must include one of the following entity suffixes at the end of the business name:

  • Limited Liability Company
  • Limited-Liability Company
  • Limited Company
  • Limited
  • Ltd
  • L.L.C.
  • LLC
  • LC.
  • Company” may be abbreviated as Co.

A comma may be used after the business name and before the designator.  “Cowboy Cleaners LLC” and “Cowboy Cleaners, LLC” are both acceptable.

Before deciding on a name, you may also want to see if a domain name is also available to have a matching website address.

English Translation – Should you name the LLC in a foreign language, enter the English translation in this field.  Otherwise leave it blank.

Series LLC – If you want to form the LLC as a Series LLC you can select that option here.  A Series LLC provides liability protection across multiple asset groups or businesses, each of which would be protected from liabilities from the other series. The Series LLC is not a common choice and most common with real estate investment companies.

Restricted – A restricted LLC is one that can’t distribute any money to its owners in the first 1o years. (NRS 86. 161)

Latest Date of Dissolution – This section is optional if you intend the business to exist forever, which most businesses do.  If you have a specific end date in mind (typically used for investment-related businesses) choose a dissolution date.

Nevada LLC Register Business Name

After entering the fields, you are asked to confirm the name of the LLC is correct.  The system will review to be sure it is available.

 

Step 3: Registered Agent

A Nevada Registered Agent must be identified before forming an LLC.  The Registered Agent can either be a resident of Nevada or a Resident Agent service.  The agent must have a physical address in the state (PO Boxes are not allowed) and act as a point of contact to receive legal documents, tax notices, summons, subpoenas, etc on behalf of the LLC.

Even though the business owner can be the registered agent, their name and address become public record and with that comes a loss of privacy. This is more important for some entrepreneurs, especially when they are doing business from home.

Enter the name of the Registered Agent.  If they are registered with the Secretary of State, their name will show up.  If the agent isn’t registered, or if the agent is an individual, click on “My Registered Agent not found” and manually enter their information.

Nevada LLC Registered Agent

The Registered Agent must complete a Registered Agent Acceptance form to recognize they agree to be the agent for the LLC.  Here is a link to the Agent Acceptance Form.  Upload the signed form.

Step 4: Managers / Members

This section asks if the LLC is Member-Managed or Manager-Managed.

Member-Managed LLCs have an active involvement in the management of the business.
Manager-Managed LLCs are hired by the members to run the LLC, similar to a CEO of a corporation.

Most LLCs are member-managed.

There must be at least one manager or member.  Add their name and address.

Nevada LLC Manager Member Managed

 

Step 5: Organizer(s)

An LLC Organizer is someone involved with the formation of the Articles of Organization.  The Organizer may or may not become a member, such as a mentor, attorney or accountant, but the initial members will all be listed as organizers.

At least one organizer must be listed and in many cases will be the member from Step 4.  Either copy the previous information or enter the name and address of the new person or entity.

Nevada LLC Enter Organizer Information

Step 6: Attachments

This is an optional section and not used by most LLCs.  Here you would include additional rules for the operation of the LLC.

Step 7: Initial List of Officers

Include the initial list of officers for the LLC.  At a minimum, all of the Managing Members or Managing Members from Step 4 must be listed in the LLC’s Initial List of Officers.

Nevada LLC Initial List of Officers

Step 8: Declaration & Signature

Have an individual forming the LLC to sign and accept the terms and conditions.  Click on the boxed to accept the terms and include the title and signature of the individual.

Nevada LLC Declaration and Signature

Step 9: Review

Review that all of the information is correct.  If there are no corrections, click “Accept”

Step 10: Pay and File

Pay and file the Articles of Organization.  You also have the option of filling out the Nevada Business License (which is required) while you are in the SilverFlume system.  The cost for the Business License is $200.

Tasks After Forming Your LLC

Once the LLC has been formed, there are a few additional steps to take care of. Below is a list of the most common tasks.

Prepare an Operating Agreement

The operating agreement is a document that governs the framework of an LLC.  This document covers items like ownership rights, member responsibilities, how profits and losses are distributed and more.

Most states do not require an LLC to have an operating agreement but it is still worth considering. Without an operating agreement:

  • The LLC could be subject to generic state rules that may be detrimental in the event of a lawsuit
  • Member’s personal liability protection may be diminished
  • Members may not have a full understanding of their roles and responsibilities which could lead to costly disputes in the future

Related: Nevada operating agreement template

Obtain an EIN

The EIN or Employer Identification Number is a unique 9-digit number for a business. Similar to a social security number for an individual, the EIN identifies business entities for tax purposes.  

The EIN will be needed in order to open a bank account, register for business licenses and permits, file tax returns, pay payroll taxes and more. 

Related: How to Apply for an EIN

Open an LLC Bank Account

Opening a bank account for your LLC is important for liability protection as the account separates the business’s funds from the member’s personal funds.

Several documents will be needed to open a business bank account such as:

  • A banking resolution is a document that authorizes the members to open a business bank account on behalf of the LLC.
  • Copies of the original formation paperwork from the state showing the creation of the LLC.
  • Driver’s licenses of the members.
  • Depending on the age of the LLC, a Nevada Certificate of Good Standing may be needed to prove the LLC is active and in good standing with the state.

Related: How to Open a Business Bank Account for your LLC 

Apply for Business Licenses and Permits

Depending on what your business does and where it is located, there will likely be a variety of business licenses and permits to register for before starting. Some common registrations include:

  • Business License – Every business in the state is required to register their business with the Secretary of State.  Additionally, some cities also require businesses to obtain licensing before they can start. In some cases, even home-based businesses must have licensing in order to legally operate. 
  • Professional License – Certain services such as barbershops, accountants, salons and others must be licensed.
  • Nevada Business Identification Number – Any business selling physical products, some services or hiring employees will need to apply for a Business Identification Number.

Related: What Business Licenses are Needed in Nevada?

File Annual Reports

LLCs are required to file an annual report with the Nevada Secretary of State.  The annual report updates ownership information and other details.

Related: How to File a Nevada LLC Annual Report